Hernandez, Ex Parte Alejandro

• Court: Court of Criminal Appeals of Texas
• Decided: June 21, 2006
• Docket: AP-75,445
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,445 EX PARTE ALEJANDRO HERNANDEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 74508-168 IN THE 168^TH

DISTRICT COURT OF EL PASO COUNTY

Per curiam.

O P I N I O N

Applicant was convicted of murder and punishment was assessed at confinement for ninety-nine years. This conviction was affirmed. Hernandez v. State, No. 08-94-355-CR, (Tex.App. - El Paso, delivered August 15, 1996, no pet.).

Applicant contends that his trial counsel was ineffective. The trial court entered detailed findings of fact, concluding that trial counsel was ineffective in failing to call a witness to testify that another person had committed this offense, and in failing to impeach the only witness who connected Applicant to this offense. The court has recommended that relief be granted, and the State has concurred in these findings.

Therefore, Applicant is entitled to relief. The judgment in cause number 74508-168 in the 168th Judicial District Court of El Paso County is set aside, and Applicant is remanded to the custody of the El Paso County Sheriff to answer the charges against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.

DELIVERED: June 21, 2006

DO NOT PUBLISH